Brewer convicted in circuit court

August 15, 2012

Nocha R. Brewer, 51, of Middlebourne, was convicted by a Tyler County jury on Wednesday, August 8, of felony malicious assault, misdemeanor leaving the scene of a crash and the lesser-included misdemeanor offense of domestic assault after a day-long trial before Chief Judge David W. Hummel, Jr.

The jury retired to deliberate shortly after 5 P.M. and returned its verdicts about an hour later.

Brewer was indicted in February and charged with felony malicious assault as well as the misdemeanor leaving the scene of a crash and domestic battery.

It was alleged that Brewer ran over Billy McIntyre, her former paramour, with her car at a residence on Klondike Ridge on Christmas Eve of last year. It was also alleged that Brewer fled the scene. McIntyre's leg was severely broken and he spent several days at WVU Hospital for treatment of his injuries.

Prosecuting Attorney Luke Furbee tried the case on behalf of the state. He called McIntyre to the stand to testify, as well as Tabitha Davis, who witnessed the incident, among others. The state's evidence revealed that Brewer and McIntyre agreed to go to the Davis residence that night to visit. Brewer drove McIntyre there after making a stop at a grocery store. At some point in the evening, the pair began to argue. Brewer intended to leave McIntyre at the residence. She went to her vehicle. McIntyre realized his wallet was still inside and went out to stop Brewer in order to retrieve it.

While attempting to get Brewer to stop, McIntyre was shouting and waving his arms. According to Mrs. Davis, Brewer continued to drive in a hurried fashion and struck McIntyre directly across from an outside light.

A recorded statement by Brewer given to Deputy D. S. Dalrymple was played for the jury. Brewer admitted to being upset and angry, but denied that she meant to strike McIntyre. She also denied that she knew she struck anything or anyone at all. Brewer also testified in her own behalf during the trial and repeated that version of events.

Furbee argued to the jury that it was unreasonable to believe that Brewer did not know she hit McIntyre in the small vehicle she was driving, and, that if the jury did not believe this, it should not credit Brewer's assertion that she did not mean to strike McIntyre given that she left the area. He also argued that Mrs. Davis's testimony that she heard the thump of the collision from approximately 80 feet away discredited that idea. Moreover, her admitted anger proved her intent, he argued.

Brewer, who was represented by John Gainer of the Public Defender Corporation, argued to the jury that Brewer had been totally consistent in her version throughout the proceedings and that there was not enough evidence of her intent to convict her.

Following the publishing of the verdicts, Furbee moved the court to revoke Brewer's bond pending sentencing. Judge Hummel agreed with the request, over the objection of Gainer, and remanded Brewer to North Central Regional Jail pending sentencing.

Judge Hummel ordered a pre-sentence investigation report to be completed prior to a sentencing hearing, which has not yet been shceduled on the court docket.